2021 New Mexico Statutes
Article 4 - Townsites
Section 19-4-38 - [Unsold lots; petition; appraisers.]

Whenever it shall be made to appear to the judge of the district court of the county wherein the lands embraced within the limits of any townsite are situate, the title to which was and is vested in the probate judge of such county, by a verified petition that any lots, blocks, parts or parcels thereof have not been sold, disposed of and conveyed in the manner prescribed by law, that such lots, blocks, parts or parcels or any of them can be sold, that no board of trustees of such townsite was ever elected in the manner prescribed by law, or, if at any time a board was elected, that such board of trustees was not elected or actually acted as such board for more than two years next preceding the date of the verification of the petition, and that the petitioner or petitioners will deposit in court such sum of money as the court may order to cover all costs of procedure hereinafter mentioned in this chapter in case the lands are not sold, then the judge of such district court shall appoint, by order and decree, a board of appraisers to consist of three residents of the county wherein such townsite is situated, who shall have no interest in such unsold, undisposed of and unconveyed lots, blocks, parts and parcels of land. Each of said appraisers shall take an oath to faithfully discharge his duties as such appraiser and shall file such oath in the office of the clerk of said district court before commencing his duties as such appraiser within ten days after his appointment. In case such appraisers or any of them should fail or neglect to file his or their oath or oaths with the said clerk within the time above limited, then the judge of such district court shall appoint another or other appraisers in place of the appraiser or appraisers so failing to file his or their oath or oaths.
History: Laws 1907, ch. 43, § 1; Code 1915, § 5551; C.S. 1929, § 144-139; 1941 Comp., § 8-539; 1953 Comp., § 7-5-39.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The words "this chapter" were inserted by the 1915 Code compilers, and referred to Chapter 108 of that code, which is identical to this article.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 19 - Public Lands

Article 4 - Townsites

Section 19-4-1 - [Patents of townsites to be recorded.]

Section 19-4-2 - [Failure to record townsite patent; penalty.]

Section 19-4-3 - [Prosecutions for failure to record; duty of district attorneys.]

Section 19-4-4 - [Title to townsite vested in probate judge in trust; suit to determine rights; execution of deeds.]

Section 19-4-5 - [Notice of suit; intervention.]

Section 19-4-6 - [Vacating all or part of townsite.]

Section 19-4-7 - [Disposal of lots after entry.]

Section 19-4-8 - [Conveyances to persons entitled to possession or occupancy.]

Section 19-4-9 - [Notice of entry; posting and publication.]

Section 19-4-10 - [Claim for lots; time limit; unclaimed lots revert to town.]

Section 19-4-11 - [Notice of meeting to elect trustees; qualifications; duties.]

Section 19-4-12 - [Term of office of trustees.]

Section 19-4-13 - [Board of appraisers; appointment; oath; refusal to act; new board.]

Section 19-4-14 - [Appraisement; contents; valuations.]

Section 19-4-15 - [Notice of sale; publication; contents.]

Section 19-4-16 - [Conduct of sales.]

Section 19-4-17 - [Conveyance of streets, parks and commons by probate judge.]

Section 19-4-18 - [Purchase at private sale by person in possession.]

Section 19-4-19 - [Reservation for park or public purpose.]

Section 19-4-20 - Disposition of proceeds.

Section 19-4-21 - [Adverse claims; litigation.]

Section 19-4-22 - [Paramount right to lands.]

Section 19-4-23 - [Notice to file suit; service; publication; relinquishment on failure to obey.]

Section 19-4-24 - [Service of process; publication.]

Section 19-4-25 - [Appeals.]

Section 19-4-26 - [Reports of expenses.]

Section 19-4-27 - [Conveyances; payment of costs.]

Section 19-4-28 - [Commissioner; appointment; qualifications; powers; office hours; bond.]

Section 19-4-29 - [Recording of order appointing commissioner.]

Section 19-4-30 - [Conveyance by probate judge; land for town benefit.]

Section 19-4-31 - [Conveyances; time for execution.]

Section 19-4-32 - [Probate judge; claim for lands in individual right.]

Section 19-4-33 - [Streets, alleys, parks and public grounds.]

Section 19-4-34 - [Claimant failing to pay costs and fees.]

Section 19-4-35 - [Trustees; organization; officers; quorum.]

Section 19-4-36 - [Probate judges declared county judges for purpose of trust.]

Section 19-4-37 - [Taxation of costs.]

Section 19-4-38 - [Unsold lots; petition; appraisers.]

Section 19-4-39 - [Appraisement; report; compensation.]

Section 19-4-40 - [Preference right of possessor to purchase.]

Section 19-4-41 - [Commissioner; sale; notice by publication; deeds; fees.]

Section 19-4-42 - [Disposition of proceeds.]